THE ENERGYAUSTRALIA APPLIANCE SALES CONSENT AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by EnergyAustralia
(No. IRC 2120 of 2003)
|
Before The Honourable
Mr Deputy President Harrison
|
6 August 2003
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AWARD
1. Table of Contents
Clause No. Subject Matter
1. Table of
Contents
2. Title
3. Area,
Incidence and Duration
4. Purpose
of This Award
5. Terms of
Employment
6. Classification
of Employment
7. Rates of
Pay
8. Hours of
Work
9. Overtime
10. Job
Sharing
11. Termination
12. Performance
Development and Training
13. Occupational
Health and Safety
14. Sick Leave
15. Personal /
Carer's Leave
16. Annual
Leave
17. Long
Service Leave
18. Other
Leave
19. Public
Holidays
20. Excess
Travel
21. Disputes
and Grievances Procedure
22. Superannuation
23. Anti-Discrimination
24. Flexible
Arrangements
25. No Extra
Claims
26. Bereavement
Leave
2. Title
This Award shall be known as the EnergyAustralia Appliance
Sales Consent Award 2003.
3. Area, Incidence
and Duration
3.1 Rescission and
replacement of previous Award.
3.1.1 This Award
replaces the Energy Australia Appliance Sales Award 2000 published 5 April 2002
(332 I.G. 580).
3.2 This Award
shall apply to ALL persons employed at EnergyAustralia in the Appliance Sales
business, except;
Those employees employed in positions where they need
to hold electrical qualifications or;
Those current employees employed under contract as
Senior Managers, or;
Those current employees employed under the
EnergyAustralia Professionals, Managers & Specialists Enterprise Agreement.
3.3 The parties to
this Award are:
EnergyAustralia;
New South Wales Local Government, Clerical,
Administrative, Energy, Airlines & Utilities Union.
3.4 This Award
shall take effect on and from the beginning of the first pay period to commence
on or after 12 August 2002 and shall remain in force for a period of 3 years.
4. Purpose of this
Award
4.1 This Award has
been made to support the ongoing commercial viability of the Appliance Sales
business. It is intended that this Award will enable employment opportunities
in this business to be maintained and increased by continuing to enhance labour
flexibility and cooperation in line with practices in the retailing industry.
4.2 In making this
Award, the parties recognise that the Appliance Sales business needs to be able
to operate in the commercial environment of: Whitegoods Retail; Residential Hot
Water & Air Conditioning Retail; and Builder's Supply Industry. This industry holds significantly different
commercial realities to that which generally apply to Energy Australia.
4.3 The parties,
in recognising these different commercial environments, agree that this Award
shall not be used as a precedent to be applied to any other part of
EnergyAustralia’s operations. Any
amendments made to the EnergyAustralia Award shall not be used as a precedent
to the EnergyAustralia Appliance Sales Consent Award.
5. Terms of
Employment
5.1 Employees under
this Award shall be employed as either Permanent or Casual.
5.1.1 Permanent
employees, either full-time or part-time, shall be employed subject to a
probationary period of a minimum of three (3) months. During the probationary
period, employment can be terminated by one (1) week’s notice by either party.
5.1.2 Casual
employees shall be engaged and paid on an hourly basis. The minimum period of
engagement will be three (3) hours.
5.1.3 Casual employees
who have been successful in attaining appointment to a permanent position,
shall be deemed to have satisfied the probationary requirement.
6. Classification of
Employment
6.1 Store
Salesperson: An employee who works in a sales capacity within an
EnergyAustralia Appliance Sales retail store.
6.2 Store
Supervisor: An employee who manages the operations of an EnergyAustralia retail
store. A Store Supervisor may be
required to work in various locations of Energy Australia.
6.3 Field
Salesperson: An employee who works the majority of the time in the field. This
classification includes but is not limited to, Air-Conditioning Sales
Representatives and Building Supply Sales Representatives.
6.4 Store Person:
An employee who works within a Warehouse or Stores of EnergyAustralia Appliance
Sales. This classification includes but
is not limited to delivery work.
6.5 Sales
Administration: An employee who works within the Sales Administration area of
Appliance Sales. This may include but
is not limited to, Debt Recovery, Accountancy, and general administration.
6.6 Sales
Management: An employee who manages the broader operations of the Energy
Australia Appliance Sales. This may
include but is not limited to preparation of and adherence to budgets and projected
targets, commercial focus and direction of the Appliance Sales business.
6.7 Telesales
Representative: An employee who works within the Appliance Sales Telephone
Contact Centre, undertaking work which may include, but not limited to,
customer enquiries, product sales, advising customers of product features and
benefits, organising installation of products, and general administration.
7. Rates of Pay
7.1 On the first
pay period following 12 August 2003, a wage/salary increase of 4% shall be paid
to employees covered by this Award.
7.2 On the first
pay period following 12 August 2004, an additional wage/salary increase of 4%
shall be paid to employees covered by this Award.
7.3 The minimum
rates of pay shall be:
|
Classification
|
Hourly/ Weekly Rate
|
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Junior - 16 yrs
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$11.75 ($423.04)
|
|
Junior - 17 yrs
|
$12.54 ($451.58)
|
|
Junior - 18 yrs
|
$13.84 ($498.24)
|
|
Trainee
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$14.65 ($527.54)
|
|
Store Salesperson
|
|
|
Level 1
|
$16.12 ($580.38)
|
|
Level 2
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$16.92 ($609.30)
|
|
Level 3
|
$17.77 ($639.76)
|
|
Store Supervisor
|
|
|
Level 1
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$18.66 ($671.77)
|
|
Level 2
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$20.02 ($720.75)
|
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Level 3
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$21.48 ($773.19)
|
|
Field Salesperson
|
|
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Level 1
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$19.64 ($706.86)
|
|
Level 2
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$21.85 ($786.69)
|
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Level 3
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$23.66 ($851.86)
|
|
Store Person
|
|
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Level 1
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$15.62 ($562.65)
|
|
Level 2
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$17.14 ($617.01)
|
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Level 3
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$18.29 ($658.27)
|
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Sales Administration
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|
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Level 1
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$16.56 ($596.19)
|
|
Level 2
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$17.93 ($645.55)
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|
Level 3
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$19.41 ($698.77)
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|
Sales Management
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|
|
Level 1
|
$22.55 ($811.76)
|
|
Level 2
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$24.20 ($871.14)
|
|
Level 3
|
$25.97 ($934.77)
|
7.4
Casual employees shall be paid for all ordinary time worked at
the base rate of the appropriate classification plus twenty percent (20%) loading.
The loading shall be paid in lieu of ALL leave and incorporates the benefits
prescribed in all relevant employment legislation including the Annual Holidays Act 1944.
7.5 Progression
through the levels set out in sub-clause 7.3 above, shall be on the basis of
having attained the required competencies and completion of a satisfactory
performance review. The performance review will cover areas including but not
limited to: sales, clerical & administration, and stock control, as is
applicable to the individual’s position.
7.6 The ranges
specified and the rates contained within sub-clause 7.3 above are total
rates. No additional allowances, other
than those provided for in this sub-clause, shall be payable.
7.7 Salaries shall
be paid weekly by means of electronic transfer into an employees nominated
account with an approved financial institution.
7.8 Reasonable
out-of-pocket expenses incurred by individuals in performing their duties
covered by this Award, subject to approval by the Manager, Appliance Sales,
shall be reimbursed.
8. Hours of Work
8.1 Except as
otherwise provided for, the Full Time Ordinary Hours of work shall be
thirty-six (36) hours per week, averaged over a four (4) week period, Monday to
Saturday (Monday to Sunday in stores which may lawfully trade on Sundays).
8.2 A part-time
employee is one who is employed as such and who works regular days and regular
hours which are less than the full time ordinary hours.
8.3 A part-time employee
shall be paid a pro rata rate commensurate with their normal hours worked each
week.
8.4 A part-time
employee shall be entitled to all service entitlements on a pro - rata basis
commensurate with their normal hours worked each week.
8.5 The Ordinary
Hours of work for a Casual may be worked between 7.00 am and 6.30 pm, provided
that the time of cessation of ordinary hours of work on Thursday, Friday or
substitute late-night shopping nights, shall be 9.00 pm.
8.6 A long day,
being a day exceeding nine (9) but not more than eleven (11) ordinary hours,
may be worked each week, provided that, by mutual agreement, additional long
days may apply.
8.7 Ordinary hours
shall be worked on no more than five (5) days in each week, provided that, by
agreement, ordinary hours may be worked on six (6) days in one week.
8.8 By mutual
agreement, employees may work the above hours on an agreed flexible basis.
8.9 An employee
directed to work ordinary hours on a Sunday or Public Holiday shall be paid at
the rate of double time for such ordinary hours. By agreement, an employee may
work ordinary hours on a Sunday.
8.10 The hours of
work as specified in sub-clause 8.1 above, may generally be performed at a
specified location within the region covered by EnergyAustralia. However, at
the request of the Manager Appliance Sales, employees covered by this Award may
be required to work or train at any location. Where an employee is required to
work at a location outside of their normal area, they shall be paid for excess travel
in accordance with clause 20 ‘Excess Travel’.
9. Overtime
9.1 An employee
directed to perform duties outside the ordinary spread of hours provided by
clause 8 (Hours of Work) shall be paid:
9.1.1 For overtime
worked, Monday to Saturday inclusive, at ordinary rates plus one half of the
first two hours and at double ordinary rates thereafter
9.1.2 For overtime
worked on Sundays or Public Holidays at double ordinary rates.
9.2 An employee
who is directed to work for more than five ordinary hours without a break for a
meal shall be paid overtime rates until they have had a break for a meal of
thirty minutes, unless otherwise agreed.
9.3 An employee
working overtime shall be allowed a meal break of twenty minutes which shall be
paid at the appropriate overtime rate
after each period of four hours of overtime worked, from the completion of the
last meal break.
9.4 An employee
may be required to work a reasonable amount of overtime, at overtime rates.
10. Job Sharing
10.1 Job sharing is
a particular type of work where one or more full-time positions are shared by
two or more employees to cover an agreed span of hours.
10.2 Where a
full-time employee requests to convert to part-time work and their current
position needs someone on duty full-time, a job sharing arrangements may be
suitable.
10.3 A job-sharer
shall be paid a pro rata rate commensurate with their normal hours worked each
week.
10.4 A job-sharer
shall be entitled to all service entitlements on a pro rata basis commensurate
with their normal hours worked each week. Appropriate training will also be
provided.
10.5 The Parties
will consult before introducing a new area of job sharing.
10.6 In the event
that one of the employees sharing a job either resigns or is appointed to
another position, the remaining employee will be offered the opportunity to be
appointed to the position on a full-time basis.
10.7 A breakdown in
an existing job-share arrangement will not be used as an opportunity to change
the full-time status of that position without full consultation with the
appropriate union.
11. Termination
11.1 Notice of
Termination
11.1.1 An employee
shall be given the following periods of notice or payment in lieu:
|
Employee’s period of continuous Service with EnergyAustralia
|
Period of Notice
|
|
Less than 1 year
|
1 week
|
|
Between 1 and 3 years
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2 weeks
|
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Between 3 and 5 years
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3 weeks
|
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More than 5 years
|
4 weeks
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11.1.2 The period of notice
given to an employee is increased by one week if the employee is over 45 years
of age and has completed at least two years of continuous service with the
Appliance Sales section of EnergyAustralia, or continuous prior service with
EnergyAustralia.
11.1.3 This shall not
limit EnergyAustralia’s right to dismiss an employee without notice for serious
misconduct.
11.2 Employees shall
provide EnergyAustralia with not less than one week’s notice of termination or
forfeit one week’s wages in lieu.
11.3 If an employee
is absent without notifying the employer for a continuous period of five
working days without reasonable cause, they will be considered to have
abandoned their employment and may be dismissed effective from the last day
actually worked.
11.4 The decision to
dismiss an employee shall rest with the relevant General Manager or nominee.
11.5 Suspension
without pay for an appropriate time may be applied as an alternative to
dismissal, in accordance with the EnergyAustralia disciplinary policy and
procedures. This should be discussed
with the employee and the relevant Union before a final decision is made.
12. Performance
Development and Training
12.1 The parties to this
agreement recognise performance development and training as a mechanism to
enhance productivity, efficiency and competitiveness of Appliance Sales. Accordingly the parties commit themselves
to:
12.1.1 Completing
annual performance reviews and identifying the training needs of the individual
in relation to the role they perform.
13. Occupational
Health and Safety
13.1 The Occupational Health and Safety Act (NSW)
2000, and Occupational Health and Safety Regulation 2001 as amended shall
apply.
13.1.1 The parties to
this agreement recognise the primary objectives of the legislation, that is:
13.1.1.1 To
secure and promote the health, safety and welfare of people at work.
13.1.1.2 To
protect people at a place of work against risk to health or safety arising out
of the activities of persons at work.
13.1.1.3 To
promote a safe and healthy work environment for people at work that protects
them from injury and illness and that is adapted to their physiological and
psychological needs.
13.1.1.4 To
provide for consultation and co-operation between employers and employees in
achieving the objects of the Act
13.1.1.5 To
ensure that risks to health and safety at a place of work are identified,
assessed and eliminated or controlled.
14. Sick Leave
14.1 Permanent
employees shall be entitled to paid sick leave of up to 120 hours per year for
up to five (5) year’s service, and 144 hours per year thereafter.
14.2 After three
months continuous service, a permanent employee is entitled to 24 hours sick
leave. Thereafter, the balance of the
per annum total as specified in sub-clause 14.1 shall be credited, on a
pro-rata basis, to an employee’s sick leave entitlements every three
months. Untaken sick leave shall accrue
from year to year.
14.3 Payment for absence
due to sick leave shall be subject to:
14.3.1 That notice is
given in respect of such absence, to the Manager, Appliance sales, or any other
designated person, within two (2) hours immediately following the employee’s
normal starting time, or, when the illness occurs during working hours, before
ceasing time.
14.3.2 That for periods
of absence in excess of three (3) days, medical certification, or other proof
satisfactory to the Manager, Appliance Sales, shall be provided, showing the
necessity for, and probable duration of, such absence.
14.3.3 Paid sick leave
will not be available for absences on either the last working day before, or
the first working day after, an award/ public holiday, annual leave or long
service leave unless a medical certificate is provided.
14.4 Employees whose
employment commenced prior to 15th February 1993, shall be entitled to the
benefits of Clause 36 of the EnergyAustralia Award 2003.
15. Personal /
Carer’s Leave
15.1 Upon
application by an employee, leave may be granted for the care of ill or injured
immediate family members.
15.2 An immediate
family member is identified as follows;
15.2.1 a spouse of the
employee; or
15.2.2 a de facto
spouse, who in relation to a person, is a person of the opposite sex to the
first mentioned person and who lives with the first mentioned person as the
husband or wife of that person on a bona-fide domestic basis though not legally
married to that person; or
15.2.3 a child or an
adult child (including an adopted child, a step-child, a foster-child or an
ex-nuptial child), parent (including a foster-parent and legal guardian),
grandparent, grandchild, or sibling of the employee or spouse or de Facto
spouse of the employee; or
15.2.4 a same-sex
partner who lives with the employee as the de facto partner of that employee on
a bona-fide domestic basis; or
15.2.5 a relative of
the employee who is a member of the same household; where for the purposes of
this paragraph;
15.2.5.1 ‘Relative’
means a person related by blood, marriage or affinity;
15.2.5.2 ‘Affinity’ means a relationship that
one spouse has to blood relatives of the other, because of marriage; and
15.2.5.3 ‘Household’
means a family group living in the same domestic dwelling.
15.3 The employee shall,
if required, establish by production of a medical certificate or statutory
declaration, the illness of the person concerned, and that the illness is such
as to require care by another person.
In normal circumstances an employee must not take personal / carer's
leave under this sub-clause where another person has taken leave to care for
the same person
15.4 Leave granted
in accordance with this clause, will be deducted from the employee’s sick leave
entitlement.
16. Annual Leave
16.1 The Annual Holidays Act 1944 (as amended)
shall apply.
17. Long Service
Leave
17.1 The Long Service Leave Act 1955 (as amended)
shall apply.
18. Other Leave
18.1 Employees will
be entitled to the benefits provided for under Part 4 - "Parental
Leave" of the Industrial Relations
Act (NSW) 1996.
18.2 Bereavement
leave of up to two days may be granted, with pay, following the death of a
relative or a person to whom the employee holds a close affinity. Such leave shall be granted at the
discretion of the Manager, Appliance Sales, and shall not exceed beyond the day
on which the funeral takes place.
19. Public Holidays
19.1 The days upon
which the following holidays are to be observed shall be public holidays under
this Award;
19.1.1 New Year’s Day, Australia
Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Labour Day,
Queen’s Birthday, Christmas Day, Boxing Day, and Union Picnic Day, together
with all proclaimed or gazetted public holidays for the State.
19.1.2 The Union Picnic
Day will be a day mutually agreed between the parties. This day may be an
employee's Birthday, anniversary start date, day of choice or the agreed Union
Picnic Day.
20. Excess Travel
20.1 Excess travel
is defined as additional travelling time incurred by an employee when the
employee is required to work in areas that are outside their normal region of
work. This will apply when:
20.1.1 The employee is
required to start work at a location that is further than 60 kilometres from
their usual place of work.
20.1.2 The employee is
required to transfer to start work at a location that is further than 60
kilometres from their usual place of work.
20.2 Where an
employee is transferred to a new place of work, payment for any excess travel
shall be paid for the first six months only. This arrangement does not include
transfers or appointments made at the employee's own request.
20.3 Excess travel
shall be calculated by estimating the actual travel time and distance by road.
Excess travel shall be calculated at ordinary time Monday to Saturday inclusive
and at ordinary time plus one-half on Sundays and Public Holidays.
20.4 An employee
shall be paid for their actual excess travel time and fares or the amount calculated under subclause 20.3
above, whichever is the greater.
20.5 Employees who
travel in an EnergyAustralia vehicle are only entitled to payment for any
excess travel time which exceeds 60 minutes per journey except when they are
called out or working overtime on a day which is not a normal working day and
in this case they are entitled to payment for all travelling time.
21. Disputes and
Grievances Procedure
21.1 Whilst not
precluding the right of any party to a dispute from proceeding under the
provisions of the Industrial Relations Act (NSW) 1996, the following procedures
for the settlement of disputes, claims and grievances will be adopted and
adhered to, so as to ensure that negotiations and consultation take place
between parties in an honest endeavour to arrive at a settlement by avoiding
direct action which will, or is liable to, interrupt service to
EnergyAustralia’s customers or inhibit its ability to provide and maintain
supply.
21.2 The following
specific procedures will be adopted.
Any dispute, claim, or grievance involving this Award shall be resolved
as follows:
21.2.1 An employee, or
group of employees, must first take the matter up with the immediate supervisor
concerned.
21.2.2 Should the
matter remain unresolved the dispute should be taken to the Manager, Appliance
Sales within 5 working days.
21.2.3 Should agreement
not be reached after stage 21.2.2 of this procedure the Customer Service
Manager Human Resources shall convene a meeting within five (5) working days of
being notified. An employee has the
right to be represented by their Union if they so choose.
21.2.4 If agreement
cannot be reached after stage 21.2.3 of this procedure the matter in dispute
shall be referred to the General Manager, Customer Service.
21.2.5 In the event of
the dispute remaining unresolved, the matter in dispute is to be referred to
the appropriate tribunal.
21.2.6 During all
stages of negotiations and including any hearings before an Industrial Tribunal
the status quo will be maintained by both/all parties and without prejudice to
either party, work shall continue in accordance with the provisions of the
Agreement. Status quo shall mean the
state of affairs or circumstances in existence prior to the incident/s
occurrence, which directly or indirectly results in the exercising of the
Dispute Procedure.
22. Superannuation
22.1 Subject to the
provisions of relevant superannuation legislation, employees under this Award
will have their superannuation contributions paid into the Energy Industries
Superannuation Scheme (EISS).
22.2 Salary Sacrifice
to Superannuation
22.2.1 An employee may
elect in lieu of being paid an amount of wages to have an equivalent amount
paid by way of Superannuation contributions in accordance with the relevant
provisions of the EISS.
22.2.2 Where an
employee has elected to have an amount paid by way of Superannuation
contributions in lieu of salary, any allowance, penalty, payment for unused
leave entitlements, weekly worker's compensation or other payment, other than
any payment for leave taken in service to which an employee is entitled under
this Award or any applicable award, act or statute which is expressed to be
determined by reference to an employee's wage, shall be calculated by reference
to the actual wages paid to the employee and the amount paid under clause
22.2.1 by way of Superannuation contributions.
22.2.3 Subject to the
provisions of relevant superannuation legislation, any Superannuation
contributions under clause 22.2 shall be paid to the EISS.
22.2.4 The employee may
elect to have an amount paid by way of Superannuation contributions in lieu of
salary on joining EnergyAustralia Appliance Sales and thereafter may alter the
amount paid by way of Superannuation contributions under clause 22.2 with
effect from 1 July each year.
22.2.5 An election to
have Superannuation contributions paid in lieu of an amount of salary shall be
in writing and may only be made with the consent of both the employee and
EnergyAustralia.
23.
Anti-Discrimination
23.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act (NSW) 1996 to prevent and eliminate discrimination in the
workplace. This includes discrimination
on the grounds of race (colour, ethnic, or entho-religious background, descent
or nationality), sex (including pregnancy), martial status, disability,
homosexuality, transgender identity, age and carer’s responsibilities.
23.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
23.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
23.4 Nothing in this
clause is to be taken to affect:
23.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation
23.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
23.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination
Act 1977;
23.4.4 a
party to this award from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
23.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
24. Flexible
Arrangements
24.1 By mutual
agreement, an employee and the Manager, Appliance Sales may agree to other
flexible working arrangements within the span of ordinary hours as part of this
Award.
24.2 Such individual
arrangements should be recorded in writing, signed by both parties, and a copy
supplied to the Union.
24.3 The intentions
of such arrangements should be to the mutual benefit of both parties, and as a
whole, should not disadvantage an individual overall.
25. No Extra Claims
25.1 It is a term of
this Award that the Union parties to this Award undertake that for the period
of the duration of this Award, they will not pursue any extra claims, Award or
over Award, except where consistent with such principle.
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.